Ferris v. Wynn Resorts Limited ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA V. Ferris, et al., Case No. 2:18-cv-00479-CDS-BNW 5 Plaintiffs Order Setting Hearing on Unopposed Motion for Preliminary Approval of 6 v. Proposed Class Settlement 7 || Wynn Resorts Limited, et al., [ECF No. 422] 8 Defendants 9 10 Plaintiffs John V. and JoAnn M. Ferris and Jeffrey Larsen filed an unopposed motion for 11||preliminary approval of class action settlement. ECF No. 422. Under FRCP 23(e)(2), if a proposal 12 || would bind class members, “the court may approve it only after a hearing and only on finding that 13 is fair, reasonable, and adequate. . .” Fed. R. Civ. P. 23(e)(2). Generally, the approval of class 14 ||action settlements occurs in two stages. Alberto v. GMRI, Inc., 252 F.R.D. 652, 658 (E.D. Cal. 2008). 15 ||As a first step toward final approval, the court considers whether to preliminarily grant approval 16 the settlement pending a fairness hearing and authorizes that notice be given to the class. Id. at 17 |}658-59. This phase focuses on assessing whether the proposed settlement merits preliminary 18 ||approval, which would “lay the ground work for a future fairness hearing.” Id. at 659. After the 19 || fairness hearing, the court will make a final determination as to whether the parties should be 20 ||allowed to settle the class action pursuant to the terms agreed upon. Id. 21 It is therefore ordered that plaintiff's unopposed motion for preliminary approval of class 22 settlement will be heard on October 10, 2024, at 11:00 a.m. in LV Courtroom to be 23 determined. 24 Dated: September 27, 2024 /, / 25 . LZ 26 “hehe: —— ie States District Judge /